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How to divide property before marriage and after marriage How to divide property after marriage

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How to divide property before marriage and after marriage How to divide property after marriage


        

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  • 2024-06-24 19:00:59

    Division of property before marriage and after marriage:
    1. If a house purchase contract is signed before marriage registration and the house payment has been paid in full, the house property is personal premarital property and cannot be divided as the joint property of husband and wife when divorce occurs.
    2. If only a contract is signed before marriage registration, and the full payment or down payment is made after marriage for loan payment, the house property is the joint property of the husband and wife, and can be divided as the joint property of the husband and wife when divorce occurs.
    3. Before marriage registration, the down payment of housing fund shall be paid, and the rest shall be paid for loans. If one party's name is on the property ownership certificate, the housing property itself shall be personal premarital property, but the part of loan repayment after obtaining the certificate shall belong to the joint property of the husband and wife, and property division can be required in divorce.
    4. Before marriage registration, pay the down payment of the house price, and handle the loan payment for the rest. If the property ownership certificate indicates that one of the husband and wife and the parents of one of the parents, the house property itself is the common property of the other family. The mortgage amount depends on the specific loan contract. If the lender is only the husband and wife, In addition, if one parent does not participate in the repayment of the loan as a lender (it is required to have a bank repayment certificate and other documents to prove it), the part of the loan repayment after marriage registration belongs to the joint property of the husband and wife, and the property division can be required at the time of divorce.
    Division of property purchased after marriage:
    1. After receiving the certificate, whether the contract is signed by one party or both parties at the time of purchase, and whether the property certificate is written by one or two persons, it belongs to the joint property of the husband and wife, and the property division of the property can be required at the time of divorce;
    2. After obtaining the certificate, one party and his/her family buy a house together. If the property certificate shows the name of one party and his/her parents, the share of the house property under one party's name belongs to the joint property of the husband and wife. At the time of divorce, both parties can negotiate on the share of the house property. If the negotiation fails, a separate case will be filed to divide the house property.
    Article 7 of the Third Judicial Interpretation of the Marriage Law states that the real estate purchased by one parent for the children after marriage, if the property right is registered in the name of the children of the contributor, can be purchased in accordance with Article 18 of the Marriage Law
    (3) The provision of item (1) shall be regarded as a gift to one of his children only, and the real estate shall be recognized as the personal property of the husband and wife.
    If the property right of a real estate purchased by the parents of both parties is registered in the name of a child of one party, the real estate can be deemed to be jointly owned by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties.

    You***

    2024-06-24 19:00:59

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